Sr. No.14 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through Virtual Mode) Arb P No.46/2025 M/s Arif Jan Qadri …Petitioner. Through: Mr. Saqib Shabir, Advocate. Vs. Union of India and anr. ….Respondent(s) Through: Mr. Nazir Ahmad Bhat, CGSC. CORAM: HON’BLE THE CHIEF JUSTICE O R D E R 21.11.2025 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator. 2. The petitioner having participated in the tendering process initiated by the respondents having been declared as successful tenderer was, vide letter dated 09.07.2018, allotted work “Construction of Transit Accommodation for Officers under GE(AF)(P) Srinagar”. Accordingly, the work site was handed over to the petitioner and the petitioner after mobilizing his resources started to execute the work. It is submitted that for various reasons beyond the control of the petitioner, as indicated in the petition, the work could not be completed within the stipulated period of time and, therefore, the petitioner through various communications/ representations requested the respondents for extension of time. The petitioner time and against explained the reasons for delay in execution of the contract and also invoked the provisions of Force Majeur stipulated under Clause 11 of the GCC. The petitioner also requested for release of the due payments which too were not released in his favour. It is submitted that despite manifold representations, the respondents failed to act in the matter and even the petitioner was not permitted to resume the work despite the petitioner was willing and ready to complete the work. It is urged that the petitioner after having failed to persuade the respondents to take a concrete decision in the matter, a dispute has arisen between the parties. And the petitioner, accordingly, invoked the arbitration clause of the contract by issuing a notice dated 20.09.2025 calling upon the respondents to appoint an arbitrator in the matter. And owing to the failure of the respondents to appoint an arbitrator in the matter, the petitioner has been left with no option but to approach this Court. Hence, the petition at hand. 3. Pursuant to the notice issued by this Court, the respondents though caused appearance but no reply/ response has been filed on their behalf. 4. The existence of the arbitration clause, as aforesaid, and its invocation by the petitioner vide notice dated 20.09.2025 is not disputed. 5. Thus, in the given circumstances, learned counsel for the respondents, as always, fairly submits that let an arbitrator be appointed. But since the claim that is sought to be made by the petitioner is vehemently disputed/ denied, it is submitted that respondents be granted liberty to raise all possible pleas/ objections before the arbitral tribunal/ arbitrator in this regard. 6. Accordingly, in the wake of the position sketched out above and in terms of the statements made by the learned counsel for the parties, the petition is allowed. And, with consent of learned counsel for the parties, Mr. Shafqat Nazir, Advocate, High Court of Jammu & Kashmir and Ladakh (Mobile No. 9797886362) is appointed as the sole arbitrator. Who shall proceed with the matter in accordance with the provisions of the Act. And to make an award within the time provided in the Act itself after charging the prescribed fee along with incidental expenses to be shared by the parties. The respondents are at liberty to raise all the objections as regards the subject matter before the learned Arbitrator. 7. Registry to send a copy of this order to the learned arbitrator. (ARUN PALLI) CHIEF JUSTICE Jammu 21.11.2025 Abdul Qayoom, Secy. Abdul Qayoom Lone I attest to the accuracy and authenticity of this document 03.12.2025 11:14